NPM Overview

Facts and figures1

Recommendations

Accommodation and food

Renovate the kitchen at the women’s prison, including the installation of a larger cold room to store vegetables and fruits, appropriate aluminum windows, proper aeration and more refrigerators. 

Sanitary facilities and personal hygiene

Provide gloves, plastic aprons, rubber boots and necessary cleaning materials to detainees while cleaning the toilets and shower units. 

Safety

Better protect the paths leading to the kiosks inside the yards of the prison as same ought to be protected from rain and wind to uphold health and safety standards.

Mental health

Appoint additional psychologists exclusively for the Women’s Prison to ensure more frequent psychological support to women detainees. 

Foreign women

Increase the frequency of Skype calls and provide income generating opportunities within the prisons to detainees so that they could afford to pay for their phone calls with their earnings. 

Provide regular psychological and psychiatric support to foreign women.

Detention issues

Body searches

Body searches on women detainees are conducted on an individual assessment basis. Body searches on women are conducted whenever they leave the prison, generally, to attend Court or to go to hospital. These may include body scan, pat search and strip search 

Rub down search is conducted on daily basis at lock-up time and detainees are chosen randomly. All details pertaining to body searches conducted on detainees are recorded in a Search Book at the prison.

There is one body scanner at the women prison. The body search or strip search (detainees are not required to be totally naked during the strip search exercise) are conducted in the presence of high (senior) ranking women officers at the prison. As a matter of fact, body searches on women detainees and women visitors are carried out exclusively by women prison officers and out of sight of male members of staff. Conversely male visitors are searched by male prison officers only and out of sight of women members of staff.

Whenever a pregnant woman is moved out of the prison premises in order to attend Court or hospital visits, she undergoes a body scan at a lower frequency transmission in order to ensure that no prohibited object(s) are concealed inside her body. When any such object is detected, a nursing officer or a doctor from the prison decides whether or not the detainee should be sent to the Jawaharlall Nehru Hospital for further procedures. Moreover, the detainee undergoes a pat search and a strip search by two women prison officers. During the strip search, the detainee does not need to be totally naked. 

Invasive body searches are conducted invariably at the hospital and only in cases where there is strong suspicion that prohibited articles may be inside the body of women detainees. In such cases, specialised medical professionals at the hospital conduct an echography and/or X-Ray in order to detect anything suspect, under the supervision of high-ranking prison officers.

Solitary confinement, isolation

Solitary confinement is used as and when required as per the prison regulations. Solitary confinement is mostly used as a punitive measure for detainees under report, but sometimes also for the detainees’ protection. In such cases, the detainee is seen by the prison doctor. It is the prison doctor who decides whether a detainee may be placed in solitary confinement or not. 

There exist different reasons whereby detainees are placed in solitary confinement for their own protection. For example, during the COVID-19 pandemic, detainees had to be placed in confinement in order to protect their health. In other cases, detainees may be placed in confinement for their own protection in prison pursuant to a Court Order and/or when a detainee’s safety/security may be at risk.

Solitary confinement is sometimes used in the above situation, but the approach is somewhat different. In cases of pregnant women, the detainee will first be consulted by a prison doctor to see whether or not she can be placed in solitary confinement. If a pregnant woman is about to give birth, generally she will not be placed in solitary confinement. Solitary confinement for mothers and pregnant women has flexible procedures. For instance, when placed in the confinement unit, women are allowed to keep the cell door open and are free to move along the cell corridor, including the association yard. Such cells have attached toilets, sinks and beds. The shower units are found in the association yard. 

For women detainees with children in prison, the detainee is placed in solitary confinement only when the children attend kindergarten or school. When the children are back from school, women and children return to the mother care unit.

Detainees are examined by a Health Service Office before a solitary confinement. During solitary confinement they are kept in single cells, which are similar to other general cells in the prison, and are allowed to make phone calls and to receive visits.

Written detailed records on the use of solitary confinement are kept in the Occurrence Book at the prison.

Access to healthcare

The Women's Prison infirmary is staffed by two doctors and three registered nurses who work on a rotating shift basis, ensuring 24/7 medical care. The infirmary comprises a consultation room, a pharmacy with storage facilities, an observation room, a treatment room, and a dental room. In the event of a detainee reporting sick, she is brought to the consultation room for a joint examination by a doctor and a registered nurse. If blood tests are necessary, the detainee is transferred to the fully equipped treatment room for the necessary procedures.

Detainees requiring extended medical observation are held in the observation room for up to ten hours. In cases requiring further medical intervention or extended observation, the detainee is transferred to a public hospital. Dental services are provided by two dentists: a state dentist who holds consultations three times weekly and a private dentist who attends as and when required. The dental room is reasonably well-equipped so much so that regular dental check-ups and even root canal treatments can be provided. Moreover, a gynaecologist visits the Women’s Prison weekly and offers her services to detainees in need. 

Mental healthcare

During the screening process at the induction stage when the detainee is first admitted to prison, a preliminary medical assessment is made regarding the detainee’s mental health generally. This is an area where more attention ought to be focused.

A minimum health care assistance is given to the detainee on a regular basis. At present there is only one psychologist and one trainee psychologist who visit all the prisons. This is clearly inadequate.

Various types of mental health support and treatment are available for women in prison, such as counselling, group therapy, stress and anger management, and psychological assistance. Non-governmental organisations also provide mental health support to women detainees, which includes yoga, meditation, and stress management.

The psychologist and NGOs that provide mental health support to the detainee also provide the same support to the prison staff. As regards the family members of detainees, they may be assisted by NGOs as well. In the past, there was only one full time psychologist in all Mauritius prisons. Following the NPM’s recommendations, an additional full-time psychologist has been recently appointed. The NPM has further recommended that additional psychologists be appointed exclusively for the Women’s Prison(s).

The prison staff do receive some basic training on mental health support/assistance. However, such training may not be termed as ‘specialised’ from a gender perspective and may not be of such standard that would enable the prison staff to offer specialised support to detainees. The NPM has emphasized the importance of properly trained staff. To this end, it has conducted workshops and seminars to train new recruits so that they have the skills to identify and address any issues detainees may face, including gender-sensitive issues. Furthermore, the NPM recommended that more women officers be recruited.   

Women in special situations of vulnerability

Foreign women

The official prison records indicate that more than a half of women in prison are foreigners and most of them are charged with drug dealing offences. The main problem faced by foreign women relates to difficulties in contacting their relatives in their respective countries. Recommendations have been made by NPM so that they can earn sufficient money to afford phone and Skype calls. 

Foreign women have limited or no contact with their respective embassies/diplomatic missions. The NPM often contacts embassies/diplomatic missions in order to assist detainees in whatever way possible. In appropriate cases, the NPM also seeks the assistance of local NGOs in order to enable detainees to obtain essential amenities. 

Foreign women also face challenges in accessing counsel and legal representatives. The NPM assisted detainees with the collaboration of the Mauritius Prison Service to seek legal aid. These contacts enabled them to obtain case updates and facilitated meetings between detainees and their legal counsel and legal representatives.

Moreover, the NPM received several complaints from foreign detainees regarding the unaffordable costs of phone calls to their families. The NPMD raised this issue with the Mauritius Prison Service and the latter reassured the NPM that it will seek the collaboration of Mauritius Telecom, which is the relevant service provider. In the meantime, the NPM recommended that: (i) the frequency of Skype calls be increased; and (ii) income generating opportunities within the prisons be provided to detainees so that they could afford to pay for their phone calls with their earnings. 

In light of the negative impact that separation from family may have on the mental and emotional well-being of foreign women, the NPM has also recommended that regular psychological and psychiatric support be provided to them. 

NPM overview

Facts and figures

Recommendations

Alternatives to detention

Consistent with recommendations from the Committee Against Torture (CAT Committee) in its 7th periodic review of New Zealand in 2023,7 reduce the number of women in prison, in particular those held on pre-trial detention.

Solitary confinement

Consistent with the recommendations of the CAT Committee in 2023, ensure that solitary confinement is used only in exceptional cases as a last resort, for as short a time as possible (and in no case for more than 15 consecutive days for adults), and is subject to proper authorisation, independent review, adequate record-keeping and is otherwise consistent with requirements of the UN Mandela Rules and Bangkok Rules. 

Use of means of restraint and use of force

Prohibit: a) the use of “Cell Buster” pepper spray; b) the use of pepper spray (deployed through any means) in response to passive resistance, in confined spaces, and against individuals who have been identified as high risk (such as minors and those with underlying injuries, mental health issues, respiratory conditions, or pregnancy); and c) the use of restraints following the deployment of pepper spray through any means.

Access to mental healthcare

Provide gender-responsive, trauma-informed measures, including adequate mental health support, to women in prison in accordance with international human rights standards and obligations, including the UN Bangkok Rules.

Indigenous women

Given the huge over-representation of Māori women inprisons, recognise, respect and support Māori tino rangatiratanga (sovereign authority) and self-determination to design and implement their own initiatives to address criminal justice. 

Detention Issues

The Department of Corrections (Corrections) has made efforts to limit the number of women coming to prisons. While these efforts were initially successful, the number of women coming into prison is increasing again. Following a period of substantial growth, with a peak at over 800 women in prison in 2018, the number decreased to 426 in March 2022, but has since risen to over 500.8
In 2021, Corrections began implementing its 2021 – 2025 Strategy: Wāhine - E rere ana ki te pae hou | Women rising above a new horizon.9  Corrections is also developing a gender and culturally-responsive, trauma-informed learning and development pathway to train custodial staff working in women’s prison sites. Despite these initiatives, Te Kāhui Tika Tāngata Human Rights Commission, as Central NPM (CNPM), is concerned that Corrections is not acting with the necessary urgency to address the harms to women experienced under the current prison system, which is not adequately equipped to address the specific needs of women in prison. 
The Office of the Inspectorate10 has produced a series of thematic reports11 about the experience of women within New Zealand prisons and recommended that Corrections reviews its “strategic and operational leadership, resourcing, operating model and service delivery across the women’s prison network (including health services) to enable, and deliver, better outcomes for women, which are critically gender specific, culturally responsive and trauma informed”. 12
New Zealand’s coalition government, formed in November 2023, has advised that it will abolish the previous government’s target to reduce the prison population by 30 percent.13 Corrections will receive increased funding to ensure there is sufficient prison capacity.14  The new government has also undertaken to extend eligibility for rehabilitative programmes to people held on remand. 15
 Body searches

a) Legal and regulatory framework

Under the Corrections Act 2004, Corrections officers are authorised to conduct strip searches16 on women in prison in the following circumstances:17

Strip-searches must be conducted on women:

• On first being admitted to prison;

• When being transferred between prisons;

• Each time they are placed in an at-risk cell.

• Strip searches may be conducted on women:Immediately prior to being locked in a cell under penalty of cell confinement;

• Immediately before leaving prison; 

• On return to prison, such as following temporary release, work placement or appearance before a judicial authority or parole board, or when they have been outside the supervision of a probation or Corrections officer;

• Immediately before and/or after any person visits them;

• If an officer has reasonable grounds to believe they are in possession of unauthorised items;

• If a prison manager has reasonable grounds to believe they have supplied a diluted, tainted or otherwise contaminated drug and/or alcohol test.

Women in special situations of vulnerability

Indigenous women - wāhine Māori

Circumstances leading to detention are often exacerbated for Indigenous women, including wāhine Māori in New Zealand. The legacy of colonisation has caused intergenerational trauma and systemic marginalisation, resulting in higher levels of poverty, financial and social stress, significant gaps in opportunities, increased exposure to alcohol and drug use, historic and continued over-policing and institutional discrimination in law enforcement practices.28 Wāhine Māori are the fastest-growing prison population in New Zealand, rising from less than 10% of women in prison in the 1980s to more than 65% today.29

In his submission to the CAT Committee on New Zealand’s 7th periodic review, the Chief Ombudsman observed:

“It is well-established that Māori women are over-represented in prison and I have observed this during my own inspections. The Office of the Inspectorate’s report found that Māori women aged 20-60 years comprised 15% of the general New Zealand population at June 2020, but for Māori women in prison the figure is 61%. By comparison, Māori men comprised 50% of the prison population. ...I have observed the difficulties that people in custody experience in accessing cultural support. During my 2017 visit to Arohata Upper Prison Māori made up 57% of the prison population and 77% of respondents to my survey said they were unable to access cultural services.

United Nations bodies have consistently raised concerns about the over-incarceration of wāhine Māori and have recommended that the government address discrimination within the criminal justice system and provide alternatives to detention to reduce the high number of Māori detainees.30

Through Te Tiriti o Waitangi, the founding constitutional agreement between Māori and the British Crown in 1840, the government has obligations to support better outcomes for wāhine Māori and to provide conditions that are culturally appropriate to the needs of those in prison. The New Zealand NPM agencies have made a collective commitment to explore the relationship between their OPCAT monitoring functions and the role of Te Tiriti when monitoring places of detention in New Zealand.31 There is an urgent need to address conditions that expose wāhine Māori to heightened risk of systemic discrimination, torture and ill-treatment in prison, including the need to improve:

support for ongoing contact with whānau,32 hapū33 and iwi;

access to rehabilitative, educational and vocational programmes which must adapt to meet cultural needs;

policies, practices and staff training programmes which must respect customs, beliefs and practices and not be applied in the same manner to everyone;

elimination of discriminatory practices against wāhine Māori, e.g. disproportionately subjected to solitary confinement and disciplinary measures;

reintegration and post-release support which should address systemic economic and social marginalisation of Indigenous women. 

Prominent Māori advocates have called for the government to support self-determination through Māori models of justice.34 Such models could embed tikanga Māori (customs and practice) and shift focus from punishment to restoring mana (dignity), achieving balance through reciprocal engagement, and restoring women back to their whānau (families) and communities.35

NPM Overview

Facts and figures

Recommendations

Sanitary facilities and personal hygiene

• Provide the sanitary facilities and resources needed to meet the specific hygiene needs of women, especially for pregnant, breastfeeding or menstruating women.

• In mixed prisons with separate units for women, ensure the presence of a nurse at the women’s facility, at least for a few hours every weekday.

• In mixed prisons with separate units for women, ensure the provision of health care by a general practitioner and also, if possible, a psychiatrist, directly in the building.

• Prisons should not place women in unsuitable cells until health care is provided in the facility.

Pregnant and nursing women

• Take extra care in setting up and implementing processes related to pregnant women and their ability to be with their child after delivery. 

Detention Issues

Sanitary facilities and personal hygiene

During detention, persons deprived of liberty may be subjected to only those restrictions necessary to fulfil the purpose of detention and their human dignity must be respected. One of the prerequisites for ensuring dignified conditions of detention may be the provision of hygiene, taking into account the individual needs of the person. Maintaining good hygiene conditions and immediate access to appropriate facilities are essential components of a humane environment. While the law on detention imposes an obligation on the person deprived of liberty to observe the principles of hygiene, it is nevertheless necessary for the prison to provide suitable facilities and equipment, the necessary time and other conditions to enable the person to wash daily, shave regularly and perform other routine hygiene tasks.

In the visits conducted by the NPM to remand prisons in 2022, some women deprived of liberty stated that they had to "pre-wash" their hair with warm water in the sink in order to complete their hygiene within the set time limit. In one prison, women reported that they were not allowed to shower more often during their menstrual periods.37

During visits conducted in 2024, in one prison which manages 2 separate areas (one for women and one for men), the NPM found that there was no medical staff (doctor or nurse) working in the women’s unit. Women were transported to the doctor in the second facility, where they waited for the examination in unsatisfactory conditions, often from the early hours in the morning until the evening. The cells in which women waited were small, unsightly and not suitable for placing a larger number of people. The NPM also found a problem with the length of the waiting time for the dispensing of medicines. Women were often given medication after more than 10 days of showing symptoms of the disease.

The individual needs of each person deprived of liberty must always be taken into account. The time required for personal hygiene, the material conditions required for it and the frequency of showering may differ from one group to another, for example, for different age groups, for women with a child in prison, or in the case of reduced mobility or disability. Similarly, persons with a doctor's recommendation for more frequent showering have their frequency and time of showering adjusted individually. Also, women who have long hair need more time to wash it.

According to the World Health Organization, prisons should provide sanitary towels and tampons free of charge and ensure that they can be disposed of safely. Unrestricted access to sanitation facilities and washrooms is also very important. Failure to provide these basic necessities can in itself constitute degrading treatment.38

Women in special situations of vulnerability

The Prison Service has a duty to assess (or determine) whether a person deprived of liberty is pregnant. If the attending physician finds that the person is pregnant, he/she shall prepare information on this fact and submit it to the regional or hospital committee for consideration. The report of the regional or hospital committee on the discussion of the medical fitness of the accused shall be submitted by the attending physician as information for further action by the prison director . The internal regulation of the Prison Service does not specify what measures the prison director may apply when pregnancy is established. However, it is always necessary to inform the pregnant woman of the possibility to ask the prison director to allow her to keep and care for her child for one year after the birth.

A woman who gives birth to a child while in prison may have the child with her, unless the child has been entrusted by the court to the care of another person.39 At the request of a woman in prison, the director of the prison shall decide on the placement of the child together with the mother, unless the child has been entrusted by the court to the care of another person or proceedings in this matter are pending before the court, and the granting of the request is in favour of the child. Before the decision is made, the director shall request an assessment from the health service provider in the field of general medicine for children and adolescents and the child welfare authority competent according to the place of residence of the child as to whether such a procedure is in the best interests of the child, and a psychological assessment of the woman40. The woman may subsequently lodge a complaint against the director's decision within 3 days of its notification. The complaint is then decided by the Director General of the Prison Service of the Czech Republic or an employee of the Prison Service authorised to do so. If the application has been rejected, the accused woman may repeat the application at the earliest 14 days after the decision has become final, if the reasons which led to the rejection of the application appear to have ceased to exist.

Other relevant NPM information on Women in Prison

NPM overview

Facts and Figures

Recommendations

Body searches

All state and territory governments should end the practice of routine strip searches of women in prison and institute alternative ways to conduct searches that are less restrictive, including through the use of body scanner technology.

LGBTIQ+ women

All jurisdictions should make public their policies on the management and placement of trans, intersex, and gender diverse people in prison to increase transparency and promote opportunities for discussion in and with the community. 

Alternatives to detention

All jurisdictions should conduct research into, and implement, gender-responsive diversion programs, and suitable pre-trial detention alternatives where appropriate. 

Detention issues

Body searches

The use of routine strip searches43 in women's prisons has raised significant concerns regarding privacy, dignity, traumatisation, and the potential for abuse. The majority of women in prison have experiences of victimisation and trauma, including childhood sexual abuse, intimate partner, family and non-intimate violence, and violence from carers, making the practice of strip searching particularly harmful. 

There is widespread concern about the inefficacy of strip searches in detecting contraband entering prisons. The impact on a person being searched is disproportionate to the utility of a search. The Queensland Human Rights Commission (QHRC) found that strip searches were ‘successful’ in detecting contraband only 0.01 to 0.015% of the time, and the Western Australia Office of the Inspector of Custodial Services identified that only 1 in every 1500 strip searches yielded a contraband find. Likewise, Tasmanian Prison Services conducted 841 strip searches of women in a 7 month period, with only 3 items found. 

According to the Australian Human Rights Commission (AHRC), current practices often involve invasive searches that can be traumatising for women, in turn hampering progress towards rehabilitation. It is also reported that women may elect not to engage in contact visits to avoid undergoing a strip search due to their traumatic nature – compounding their isolation from family and community. The routine strip searching of women is considered incompatible with rule 52.1 of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), which states that “[i]ntrusive searches, including strip and body cavity searches, should be undertaken only if absolutely necessary”. 

Routine strip searches are still carried out across the country. Uniformly, touching the detained person during the search is not permitted, however all states and territories have provisions allowing for the use of force to affect a strip search in instances of non-compliance. 

Depending on the jurisdiction, strip searches typically occur at: reception to or discharge from a facility, movement between facilities, exposure to a non-sterile area, and before and after contact visits. Strip searches may also occur at other times. For example, in the Northern Territory strip searches are undertaken when people enter periods of separate confinement. Often these people can be subjected to multiple strip searches during their period of confinement, despite not having left their cell.

Additional and targeted strip searches may occur when a suspicion is held by an officer that a detained person is in possession of contraband. According to policy in most jurisdictions, targeted strip searches should be used as a last resort measure when other forms of search are considered insufficient. 

Most jurisdictions have detailed legislation which outlines record-keeping relating to strip searches, including details of the officers conducting the search. All jurisdictions state that searches must be carried out by at least two officers/nominees of the prison Governor and must be of the same gender as the individual being searched. There are exceptions to this practice in the case of an emergency or staff availability. 

There is consistency in legislation, or internal policies, across the states and territories that strip searches must be carried out in such a way as to minimise the impact on the dignity of the individual. Where gaps in legislation exist, internal policies are responsible for dictating practices and can be subject to interpretation. 

In Tasmania, there have been reports of the overuse of strip searches, which is particularly concerning considering the significant impact on detained people for the extraordinarily few ‘successful’ searches. Alternative search methods must be employed, such as whole-body scanning, x-ray, and wand searches to minimise the need for invasive searches, as recommended by the Western Australia Office of the Inspector of Custodial Services, the Inspector of Custodial Services of New South Wales (ICSNSW); QHRC, and other bodies. 

Additionally, staff training programs should provide instruction on working with young girls and women, and emphasise staff conducting searches with a trauma informed focus, promoting sensitivity, respect, and dignity, as highlighted by the AHRC.

Solitary confinement, isolation

Isolation of different kinds occurs across the country in both adult and youth facilities. Detained people may be placed in isolation for different reasons, such as: their own safety (e.g. a specific class of person separated from mainstream detained persons); for the safety and good order of the facility; or for behavioural management.

Prolonged isolation has been shown to have a significantly detrimental impact on the physical and mental health and wellbeing of people in prison. One particular type of isolation is solitary confinement. Under the Nelson Mandela Rules (Rule 44), solitary confinement refers ‘to the confinement of [detained people] for 22 hours or more a day without meaningful human contact’. An individual is locked in a cell often with little more than a bed, sink and a toilet. Depending on the situation (for example, where it is for a disciplinary breach), there may be limited-to-no contact with other detained people, staff, or visitors and there may be reduced access to other opportunities or facilities. 

The Victorian Ombudsman found in their review of the Dame Phyllis Frost Centre that there were “several” women who had been housed in a solitary confinement unit for over 12 months, and rarely were any steps taken to address the behaviours or circumstances which led to their placement in solitary confinement or to support their transition back to mainstream placement in preparation for their release from custody. The report also acknowledged impacts of solitary confinement on mental health are well-documented and include anxiety, panic attacks, chronic depression, rage, poor impulse control, paranoia and psychosis. 

The AHRC emphasises the need to limit the use of solitary confinement and explore alternative approaches to address behavioural issues, a position supported by human rights organisations and Australian NPM members. These alternatives may include therapeutic interventions and restorative justice practices, as suggested by the ICSNSW. 

The AHRC highlights the importance of promoting a supportive and inclusive prison environment that encourages social interaction. Access to educational and vocational programs should also be provided, as recommended by the ICSNSW. Establishing peer support groups can further enhance social connections and support networks for incarcerated women. Additionally, regular mental health assessments should be conducted for women in solitary confinement, and access to mental health services should be prioritised in line with the recommendations of the AHRC. 

Decision making around the placement of people in solitary confinement should be rigorously documented and subject to routine review. Detaining authorities in the jurisdictions with human rights legislation (Australian Capital Territory, Victoria and Queensland) must give proper consideration to relevant human rights before making a decision. The right to humane treatment when deprived of liberty is a protected right in all three jurisdictions. Efforts should be made to address the factors leading to isolation or segregation, including infrastructure, resourcing, and implementing behavioural interventions, as acknowledged by the AHRC, to reduce the instances and duration of solitary confinement placements.

Use of means of restraint 

Access to mental healthcare

Women in Special Situations of Vulnerability

Pregnant women and women with children in prison

Pregnant women in prison represent a relatively small though particularly vulnerable prison cohort in Australia and are subject to various policies and practices depending on where they are incarcerated. In some jurisdictions, pregnant women and new mothers are permitted to live in separate mother and baby units in correctional facilities. The detrimental impacts of mother-infant separation at or shortly after birth are well known45 and a child’s development is significantly shaped by the nature of their relationship with their primary caregiver during infancy.46 

The antenatal and postnatal needs of women and their children in prison should be supported. Particular consideration should be given to the unique needs of Aboriginal and Torres Strait Islander women and cultural child-rearing practices. The Australian NPM encourages all state and territory governments to develop policies and practices that reflect the unique needs of pregnant women and mothers in prison.

LGBTIQ+ women

Increasingly, consideration is being given to the experience of trans and gender diverse people in custody, including staff. This is reflected in the policy framework which increasingly addresses the specific situations of trans, gender diverse and intersex people deprived of liberty.

However, how these policies are implemented in a practical way remains unclear. In particular, there is inconsistency in how detained transgender people are accommodated in prisons. Although current Australian Federal Police Policy states that, where the person identifies as transgender, searches should be conducted by a person of the gender to which the person identifies, the Commonwealth NPM has observed that this doesn’t always occur in practice, either because the person is not a ‘recognised transgender person’ (a person whose record of sex is altered under Part 4 of the Births, Deaths and Marriages Registration Act 1997 (ACT) or under the corresponding provisions of a law of a state or another territory), or because the officer undertaking the search does not feel comfortable doing so. 

While the consideration given to the experience of trans, intersex, and gender diverse people in custodial policies is improving, they continue to experience significant barriers in prison environments. The Australian NPM encourages all jurisdictions to promote opportunities for discussion of these policies in and with the community. In addition, policies for prisons should be amended to ensure they do not assume a difference between legal sex and gender presentation. They should also be amended to ensure they do not conflate innate variations of sex characteristics with being gay, lesbian, bisexual, trans, gender diverse; or being about gender identity or sexual orientation.

Indigenous Women – Aboriginal and Torres Strait Islander Women

Aboriginal and Torres Strait Islander women accounted for almost half (41%) of the total population of women in prison in 2023. Aboriginal and Torres Strait Islander women were imprisoned at a rate nearly 20 times greater than non-Aboriginal and Torres Strait Islander women. 

In addition to over-representation in prison, the experience of Aboriginal and Torres Strait Islander women is often additionally challenging, due to the history of institutional trauma. Aboriginal deaths in custody are a serious and ongoing issue, requiring the attention of Australian, state and territory governments. Between 1991 and 2023, 49 women died in custody in Australia, and 20 of those were Aboriginal and Torres Strait Islander women.

Alternatives to detention

Between 2009 and 2019, the female prison population in Australia increased by 64%, and between 1994 and 2021, the proportion of the prison population made up by women has risen from 5% to 8%. Over the last few years, the rate of imprisonment for women in Australia has begun to stabilize; however, this increase in a single decade highlights the need for gender-specific services and pathways to support women who come into contact with the legal system. Non-custodial sentences such as suspended sentences, good behaviour bonds, and community-based orders (such as community treatment orders and community work orders) are frequently utilised in sentencing women. Facilities such as the Wandoo Rehabilitation Prison and Boronia Pre-Release Centre for Women in WA, the Bolwara House Transitional Centre in NSW, the Helana Jones Centre, and Townsville Correctional Centre Female Farm in Queensland, provide alternatives to the standard prison environment, providing increased autonomy, a heavier focus on rehabilitative programs and building skills pre-release to support women upon re-entering the community. While these facilities are not alternatives to prison and still see women deprived of their liberty, it is important to acknowledge investment in environments which are more conducive to rehabilitation.

This report has been endorsed by the following members of the Australian NPM: 

Australian Capital Territory (ACT) Office of the Inspector of Correctional Services 

ACT Ombudsman 

Commonwealth NPM 

Northern Territory (NT) Office of the Children’s Commissioner 

NT Ombudsman 

NT Principal Community Visitor, Community Visitor Program 

South Australian Training Centre Visitor 

Tasmanian NPM 

Western Australian Office of the Inspector of Custodial Services 

NPM Overview

Facts and Figures

Recommendations

Body searches

The use of routinely conducting body searches (frisk searches) in order to prevent inmates carrying sensitive documents back to their cells must end. 

The Swedish Prison and Probation Services should promptly ensure that body searches are carried out in accordance with the framework of current law and internal protocols, i.e. not routinely. 

Pregnant and nursing women

Violating the integrity of, and displaying lack of respect and compassion for, pregnant women deprived of liberty as a result of not using updated and individual assessments of the need for use of restraints and the use of male prison officers in conjunction with visits to hospitals must be reduced. The Swedish Prison and Probation Services should promptly monitor and make sure that the agency’s staff adheres to the established procedures within the Prison and Probation Services in order to ensure that: 

a. pregnant women are not routinely and unnecessary being restrained when visiting and undergoing medical care;

b. only women prison officers are present during medical examination and treatment of pregnant inmates;

c. documentation of hospital visits by pregnant inmates are made and kept in order to facilitate evaluation of the use of shackles and gender of officers. 

Detention issues

The Swedish Prison and Probation Service´s prisons are divided into three security levels (1–3), with 1 being the highest and 3 the lowest security level. The division into security levels is based on an overall assessment of the conditions an institution has for supervision and control. There is, however, no security level 1 prison for women inmates. In this context it can be noted that the Parliamentary Ombudsmen has stated that the Prison and Probation Service should carry out a review of the security levels for the prisons that accept women in order to secure differentiation.

Body searches

a) Legal and regulatory framework

At a central level, there is guidance regarding body searches outlined in the Swedish Prison and Probation Service's regulations and general guidelines for prisons (FARK prison) and remand prisons (FARK remand prison).49 Regarding invasive body searches, in FARK prison and FARK remand prison it is stated that body searches in the form of rectal or vaginal examinations should be conducted in hospitals. Body searches involving an examination of an inmate's oral cavity, other than an ocular inspection, should be performed by a physician or nurse following instructions provided by a physician.50 These regulations are general and do not specifically address women. However, local procedures for body searches exist in women's facilities. The extent to which these local procedures are implemented, however, is unknown. 

b) In practice

There are examples demonstrating that body searches have been carried out systematically, without individual assessment. In the decision JO 2021/22, the Parliamentary Ombudsmen directed severe criticism towards the Prison and Probation Service (Ystad Prison) for routinely conducting strip searches after delivery of official correspondence. The stated purpose behind these searches, according to Ystad Prison, was to prevent inmates from carrying sensitive documents back to their cells. 

During the investigation conducted by the Parliamentary Ombudsmen, the prison adjusted its procedures. Instead of the regular strip searches, they initiated frisk searches of inmates, deeming the previous searches disproportionate. In its decision, the Parliamentary Ombudsmen emphasized that there is no legal basis for conducting strip searches on all inmates either, as a standard control measure following the receipt of official correspondence. Strip searches are highly invasive, constituting a significant breach of privacy. Furthermore, the principle of proportionality must always be considered before implementing any form of control measure. Concerning the new procedure, it was observed that even frisk searches require legal justification, which was lacking in this case.

In its decision JO 2016/17, the Parliamentary Ombudsmen criticized the Swedish Prison and Probation Service after an incident where a male prison officer conducted a frisk search on a woman inmate during her entry into a remand prison. According to the remand prison, this action was taken under a provision in the Swedish Detention Act, allowing a male officer to search a woman inmate in exceptional cases. The provision referred to was meant for rapidly arising situations where there are no women officers available, and where security concerns make it unreasonable to delay the search. The Parliamentary Ombudsmen noted that the remand prison handles a significant volume of daily inmate entries and is required to conduct frisk searches on all these individuals. It involves a routine operation that the remand prison can plan for. Thus, the remand prison has the ability to anticipate the need for women officers to search women inmates.

In its decision JO 2021/22, the Parliamentary Ombudsmen address a case where a woman inmate was placed in isolation to undergo a body search because it was suspected that she had swallowed narcotics. The prison used a customs rest room (pacto toilet) to perform the body search. When narcotics were not detected in the excrement, the woman was asked if she would agree to an additional body search at a hospital, in the form of a vaginal and rectal examination. According to the Parliamentary Ombudsmen, the documentation indicates that the facility used a perceived consent as the basis for the decision to perform an invasive body search. The Parliamentary Ombudsmen stated that the space for allowing a consent to be enough to execute a forced action which would otherwise require a legal basis is highly limited and that it is the decision of the Prison and Probation Service that is the deciding factor of whether an inmate should undergo an involuntary action such an invasive body search. From the inmate’s perspective, it must have appeared as though the alternative was continued isolation. The Parliamentary Ombudsmen stated that the voluntariness in such a situation must be regarded as illusory. The staff responsible received criticism for how they handled the matter and for certain shortcomings in their documentation. 

c) Body searches of women visitors

Regarding body searches of women visitors, it's worth noting that, according to the guidelines for prisons (FARK prison), in cases where a visitor undergoes a strip search, it should be documented. According to FARK prison, it is advisable that the documentation include details about who authorized the measure, the reason for implementation, the outcome, the person conducting the measure and any witness present..51

In 2015, the Parliamentary Ombudsmen received a complaint from an inmate. He expressed concerns that his wife, during her visits to him in Skänninge Prison, was consistently subjected to strip searches without individual assessment. On each occasion, prison officers claimed these searches were random checks, conducted according to the institution's procedures. However, Skänninge Prison denied implementing such a routine and also stated that there was no record of visitors undergoing this type of inspection. Thus, it was a case of conflicting statements. In its decision JO 2016/17, the Parliamentary Ombudsmen emphasized that the Prison and Probation Service should implement a central procedure, for all facilities, to document these types of control measures.

Use of means of restraint

a) Legal and regulatory framework

There are deficiencies in Swedish legislation regarding use of means of restraints. For instance, both the Prison Act and the Detention Act lack a clear definition of shackles. On several occasions, the Parliamentary Ombudsmen have observed that the regulation of the use of physical restraints is, to some extent, regulated further down in the hierarchy of norms, inter alia in regulations and handbooks issued by authorities. This creates legal uncertainty for individual inmates who become subject to such measures.52

The Swedish Prison and Probation Service has developed a central handbook which provides its staff with instructions and guidance on matters related to security, the Security Handbook. The Safety handbook includes a section that outlines the conditions under which handcuffs and shackles can be used. Furthermore, the referral response in the Parliamentary Ombudsmen’s decision JO 2020/21 shows that the Prison and Probation Service has outlined a manual concerning the treatment of accompanying children and pregnant women in prisons and detention centers (2018:5), providing detailed guidance on detention procedures.53 At a local level, there are specific guidelines and instructions regarding, inter alia, the use of belt restraint and security assessments in connection to transport..54

The Security handbook specifies that the decision of handcuffs and shackles should be evaluated on a case-by-case basis, considering the security assessment and the person’s current condition. If means of restraint are deemed necessary, waist shackles should not be employed. Moreover, a woman in labor should not be incarcerated. According to the Swedish Prison and Probation Service's manual on accompanying children and pregnant women (2018:5), an individual risk assessment should always be conducted. However, the use of handcuffs and shackles should generally be approached with restraint. During the advanced stages of pregnancy, means of restraint should only be considered in exceptional cases..55

b) In practice

In 2015, the Swedish NPM selected women deprived of their liberty as a special theme. Inspections were conducted at all prisons that accommodate women. During the inspection of the Hinseberg prison, the following information was gathered regarding the use of means of restraint during transports to healthcare facilities. 

A security assessment is conducted for all women at the prison. When planning transports, a risk analysis is performed based only on the existing security assessment. Almost all inmates had a security assessment of the standard level, which means that women in this group should be restrained with waist shackles during transports and outings. 

Several women inmates reported various issues they faced when being restrained during visits to healthcare facilities. One woman had to sit in a public waiting room wearing waist restraints. Another woman described that she was sedated for a surgical abortion while still wearing waist shackles and that she woke up from anesthesia still restrained. A woman with a child in the facility mentioned that she was handcuffed and restrained during all prenatal care visits before the child was born, and also during the transport to the hospital when she was in labor. After giving birth, a new security assessment was conducted, and she was no longer required to wear restraints. Several inmates described challenges with restroom visits at healthcare facilities, where staff had to lower their underwear due to the handcuffs and waist restraints. Furthermore, it was noted that inmates were restrained with waist shackles or handcuffs even during X-ray examinations. 

Based on the findings that emerged during the inspection of Hinseberg, the Parliamentary Ombudsmen decided to conduct a further investigation into the Prison and Probation Service’s security assessments. In its decision JO 2017/18, the Parliamentary Ombudsmen states that the Hinseberg prison’s decision on control measures appeared to be based on standardised assessments regarding the inmate’s security level. During the assessment, consideration for the inmate’s current state and integrity was neglected. 

In the opinion of the Parliamentary Ombudsmen, a correct scrutiny would probably not have led to the assessment that it would be proportionate to use handcuffs and waist shackles on a woman with ongoing labour pains being transferred to a maternity ward to give birth. Additionally, the Parliamentary Ombudsmen states that the Prison and Probation Service need to focus efforts to ensure that a satisfactory level of control and security is achieved, in each individual case, without the inmate being subject to measures perceived as degrading and not proportionate on the basis of the individual’s condition during, for example, medical care and treatment, when being moved to health care facilities or during toilet visits. In order to follow up on security arrangements and results in adjustments to security assessment, such as the use of shackles, this must be put on record. 

At the time of the inspections there was no specific manual regarding pregnant women. However, in August 2018, the previously mentioned manual on accompanying children and pregnant women came in to force (2018:5)..56 The Security handbook also includes a section addressing pregnant women. Nevertheless, the Parliamentary Ombudsmen have noted that the problems related to static security assessments and the disproportionate use of control measures within the Prison and Probation Service have persisted even after the NPM's thematic inspections in 2015. 

In a decision dated 2019,57 it was revealed that a woman inmate undergoing a medical abortion was compelled to wear ankle restraints for a substantial duration of her hospital stay. Staff from the Swedish Prison and Probation Service, including a male officer, were present in the treatment room. The Parliamentary Ombudsmen observed that, according to the Swedish Prison and Probation Service's own manual, the use of restraints should be applied restrictively when it comes to pregnant women. In light of this context, the Ombudsmen concluded it appears doubtful whether the Prison and Probation Service's risk assessment adequately took into account individual and current factors, including the woman’s integrity and dignity. 

Further severe criticism was expressed in a decision from 2021,58 where a woman inmate undergoing a late abortion was subjected to waist shackles and/or ankle shackles during a substantial portion of her two-day hospital stay and protracted labouring.

The Parliamentary Ombudsmen have also repeatedly observed deficiencies in documentation regarding the use of restraints.

Other relevant NPM information on women in prison

NPM, Report from the OPCAT unit for 2015-2017

Decisions regarding body searches: JO 2016/17, p. 273; JO 2016/17, p. 277; JO 2021/22, p. 305; JO 2021/22, p. 321

Decisions regarding means of restraint: JO 2017/18, p. 131: JO 2020/21, p. 198; JO:2021/22, p. 330

Protocols regarding means of restraint: Ref. no. 2527-2015 

Facts and figures

Recommendations

Body searches

The Prison Administration (URSIKS) should consider the possibility to also record the reason for the rejection of a replacement clothing by the person detained during the personal search, by extending or supplementing the computer record in the part pertaining to recording such refusal. 

For such cases of rejection of replacement clothing by the detainee, the Prison Administration should consider preparing an official note or a statement in which the reason for the rejection of the replacement clothing and the prisoner’s signature will be evident. Such a form should be filed in the detainee’s personal file.

Solitary confinement, isolation

The Prison Administration should consider installing a toilet in the special room, since the present arrangement does not provide the respect of a person’s personality and dignity.

Mental health

The Prison Administration should, in cooperation with the Ministry of Justice and other competent authorities, adopt the necessary measures to ensure that people with mental health conditions at the time of deprivation of liberty in the women’s prison (ZPKZ) are granted with appropriate living conditions and specialised treatment which will consider their specific needs with suitably trained staff.

Detention Issues

Body searches

a. Legal and regulatory framework

Prisons in Slovenia can perform security searches of persons deprived of liberty and visitors and personal searches only on persons deprived of liberty, under the following: 

-  Enforcement of Criminal Sanctions Act,63 Article 236;

-  Rules on the exercise of the duties and powers of prison officers;64 and

-  Rules on the implementation of remand65 

The legal and regulatory framework specifically provides that personal searches and the second part of security searches - which entail pat-down search - can only be performed by an officer of the same sex as the detainee.

Security searches are performed in accordance with Article 236d of the Enforcement of Criminal Sanctions Act. The first part of the security search should be carried out using a device that detects metal parts to check the presence of metal objects on the person. The second part of the security check is carried out searching the visible surface of the clothes the person is wearing, shoes, soles, outerwear, headgear, belt, and cuffs, and it entails pat-down search. 

Personal searches are performed on the basis of Article 236f of the Enforcement of Criminal Sanctions Act. Before carrying out personal searches, officers should inform the person of the reasons for the search and the course of the search. The correctional officer conducts a personal search of the detainee by ordering the convict to submit for examination all the things and clothes he or she is wearing, then examines the surface of the detainee's body and scalp. The detainee shall be provided with alternative clothing for the duration of the personal search. Under the Act, the personal search should be carried out by two correctional officers who are of the same sex as the detainee, without the presence of other persons. If the performance of a personal search is necessary because delaying until the arrival of another correctional officer would be dangerous, a personal search is exceptionally performed by one correctional officer.

Personal searches conducted in case of suspicion of prohibited items should be authorised by written order issued by the head of the security department or verbal order of the operational manage, if the head of the security department is absent and it would be dangerous to delay the personal search. A report on the search carried out should be submitted to the operational manager, the director of the institution and the head of the security department.

b. Circumstances and modalities for body searches

A personal search is mandatory under the Enforcement of Criminal Sanctions Act (Article 236f), in the following circumstances: 

[…] - upon admission for the person’s prison sentence, unless the convicted person is admitted to a separately located semi-open or open unit;

-  unless the convicted person serves their sentence at a separately located semi-open or open unit;

-  prior to being tested for illicit psychoactive substances;

prior to being placed in a special room; and

-  whenever there is a suspicion that the convicted person is concealing prohibited items, and these items cannot be detected by means of a security search.

When detainees come from out-of-facility benefits and special exits without being accompanied by correctional officers, correctional officers are allowed discretion as to which person will be personally searched and which one will not66. Also, the institution's security plans (which are internal in nature) may stipulate that, under certain circumstances, only the first or only the second part of the security search is carried out.

The personal search is carried out in a separate room, by a person of the same sex as the detainee. The person undergoing a personal search is offered a change of clothing (separate top and bottom) before the personal search begins. Replacement clothes are made of washable material and are washed after each use. The personal search is carried out gradually in two parts.  First, the upper part of the clothing is removed and a search of the upper part of the body is carried out. Then, the person puts the upper part back on, followed by the removal of the lower part of the clothing, and then an examination of the lower part of the body is carried out. 

The room used for personal searches on the ground floor of the women’s prison is also used for the needs of the prison shop and for the second part of the security search of prisoners. It was found that spare clothes are kept in the room. The NPM was informed that some women detainees prefer not to use the replacement clothing during the personal search, which is recorded in the E-prison computer records. As recommended by the European Committee for the Prevention of Torture (CPT) and other bodies, the person examined should never be completely naked and the personal search should be carried out gradually, in two steps.

c. Records of body searches

Security and body searches are recorded in the computer records, which are called E-Prisons. The record includes, among other things, the following information: name and surname of the person who was searched, date and time of the search, details of the search, and who performed the search. In case of identified peculiarities during the search, an official note is made.

The computer records of E-prisons also record if the detainee did not accept the offered replacement clothing, but the reason for the refusal is not recorded. It is extremely important that everything necessary is done so that the dignity of women deprived of liberty is respected during personal searches. In this regard, in case the person refuses to wear the alternative clothing, this has to be recorded with the person's signature, specifying that the prisoner was informed of the possibility of using alternative clothing for the time of the personal search and whether they used the possibility or waived it.

d. Invasive body searches

According to the information available to the NPM, invasive body searches are not conducted in the case of incarcerated persons, and the legislation does not provide for such searches. In cases where there is a possibility that the prisoner is hiding or carrying illegal psychoactive substances or other illegal items inside their body, the Enforcement of Criminal Sanctions Act provides for the possibility that the director of the institution decides to place the prisoner in a single room with special equipment. 

Such placement can last for the maximum of seven days. A detainee staying in a single room must be visited daily by a doctor or a medical staff of the institution. The director of the institution decides that the execution of the decision on this placement is stopped when, according to the opinion given by a doctor or other healthcare professional, they assess that the detainee is medically unable to serve the sentence in such placement. During the visit to the women’s prison, the NPM was informed by the management that such placement is not practiced as the prison does not have such rooms.

Solitary confinement, isolation

Findings from the NPM’s visit to the women’s prison ZPKZ Ig revealed that the institution has a special room which can be used to place women detainees in case there is a suspicion of the existence of at least one of the following reasons, according to Article 236 of the Enforcement of Criminal Sanctions Act:

- that they have committed a criminal offence that is prosecuted ex officio, or if they seriously threaten to commit such a criminal offence,

- that they are preparing to flee or rebel,

- that they endanger themselves or others in any way,

- that they seriously hinder others in work, rest, or recreation,

- that they intentionally destroy the institution's inventory.

Under the Enforcement of Criminal Sanctions Act, it is also provided that: 

(2) […] a detainee may stay in a special room for a maximum of 12 hours. If, before the expiration of this time, it is determined that one of the reasons from the previous paragraph is still given, the correctional officer in charge of the shift can, in agreement with the director of the institution, decide that the convict will continue to be placed in a special room, as long as there are reasons for this, but based on an individual decision no more than 12 hours. Placement of a convict in a special room may not last more than 72 continuous hours in total.

(3) The convict must be under special supervision in a special room. If, during the supervision, the correctional officer finds that there are no longer reasons for placement in a special room, they inform the correctional officer in charge of the shift, who decides on the convict's continued stay in the special room. The medical staff must be immediately informed about the placement of the convict in a special room, who will order the necessary measures to ensure their life and health.

Findings from the NPM’s visit to the women’s prison revealed that the special room is video-monitored, and video surveillance is carried out in the room of the operational control centre, where the work is usually performed by a male correctional officer. At the time of the NPM’s visit, no detainee was present in the room. According to the information provided by the management of the institution, in the event that a woman detainee is placed in a special room, for the duration of her placement there, a woman correctional officer would work in the operational control centre, while the male correctional officer would work in another part of the institution.

From the visit conducted by the NPM, the special room was found to be clean and orderly, but without a toilet. According to the information provided by the prison staff, during their stay in the special room, women are not allowed to go the toilet outside this room. Therefore, they have to use a small drainage channel in the middle of the room, without any privacy, and the room is cleaned after the end of the placement of a person in this special room. 

Access to mental healthcare

a. Initial and regular mental health assessment

The Rules on the implementation of prison sentences (Article 8) provide the initial medical examination by a doctor immediately after admission, or no later than the next working day after admission. For persons on remand, the Rules on the implementation of remand (Article 31) provide that a doctor conducts an initial medical examination no later than 48 hours after being admitted to the institution and also examines the remand prisoner before they are released from the institution. Medical examination of both sentenced and remand detainee include  the determination of mental health needs. The first examination is performed by a doctor specialised in general medicine, who, in case of perceived problems, directs the person to further professional treatment. A special form is filled out during the examination. In the form, potential problems in the field of mental health, consumption of psychoactive substances, and possible involvement in a substitution programme can be recorded. If the person has health insurance through the Health Insurance Institute of Slovenia, the doctor can check the prescribed medications for the person, including those for mental health. For those who do not have such insurance, what the person says during the examination is recorded. 

As regulated by the Rules on the implementation of prison sentences (Article 9), the risk of suicide is assessed by the institution staff upon admission with the help of a special form. In case of danger, the health service is notified, which takes immediate action – either by referral to a doctor (if the doctor is at the institution), or by referral to an emergency psychiatric clinic.

Furthermore, during the reception period, which lasts one month, the professional and educational staff of the institution (psychologists, social workers, instructors), as well as correctional officers, have several conversations with the person deprived of liberty. If they detect mental health conditions, they offer the person the option of further treatment. 

The NPM was informed by the health service at the women’s prison ZPKZ Ig that women’s mental health needs are also assessed regularly throughout the duration of their sentence or pre-trial detention. In case of problems, women can see a psychiatrist. Women can also register themselves for such an examination, which they may or may not attend, as it is not mandatory. If the staff notice that something is happening with a woman detainee, and she does not want to see a psychiatrist, the psychiatrist can visit her directly in the prisoner’s quarters.

b. Treatment and awareness-raising

The NPM was informed by the health service at the women’s prison ZPKZ Ig that mental health support and treatment are available to women deprived of liberty, and provided by professional prison staff. In cases where women detainees meet the conditions for release, they can continue with psychotherapeutic treatment outside the institution, if they were already undergoing such treatment before arriving in prison. Awareness-raising on mental health is carried out by doctors, on a personal level with women prisoners, and institutionally with both prison staff and women deprived of liberty. If family members are interested, they can also get involved.

c. Addressing the needs of people with severe mental health conditions

Under the current legislation, for persons with the most severe forms of mental health conditions and dangerous behaviour, when they find themselves on remand or in prison by a court decision, deprivation of liberty is carried out only within the structure of existing institutions for serving prison sentences and not possibly in a specialised department with appropriately trained staff for their treatment. The serving of the prison sentence also runs during hospital treatment, if an interruption of the serving of the prison sentence is not necessary. In addition to some alternative executions of prison sentences, the legislation does not provide for other forms of serving prison sentences. 

This is also the case for women who are sent to prison because they have committed a crime in social welfare institutions, where they were admitted because of their mental health conditions or disruptive behaviour. They are in a situation of heightened vulnerability and their rights and need are often neglected. Prison environment causes them even more distress, and other women deprived of liberty also fear for their own safety. 

Findings from the NPM’s visit to the women’s prison and interviews with authorities revealed several problems and challenges faced by the institution in ensuring the safety and appropriate treatment of women with several mental disorders and dangerous behaviour: lack of qualified personnel, such as occupational therapists and special educators, lack of specialised medical staff and adequate facilities space for the comprehensive therapeutic treatment of persons with mental health conditions. Women with severe mental health conditions face several challenges while in prison, ranging from difficulties in adapting to life in prison and respecting prison’s rules, to the risk of being exploited by fellow detainees, to the risk of self-harm and disruptive behaviour which can cause harm to others. This situation represents a heavy burden for correctional officers who are not trained in this field and do not have adequate knowledge to deal with persons with mental health conditions. professionals. In addition, the institution lacks suitable safe spaces and the possibility of limiting access to dangerous objects for persons with uncontrollable self-destructive behaviour.

In this situation, the Ombudsman emphasises that women with mental health conditions in prison are not only deprived of their right to freedom of movement while serving a prison sentence. Their right to a safe environment and appropriate treatment and care is also at risk. Regardless of whether they are suspected or convicted of committing a crime, they must be provided with suitable accommodation and living conditions that will adequately address their specific needs and enable them to live in dignity.

The Ombudsman, also in its capacity as NPM, continues to pay particular attention to this issue, closely monitoring the situation and engaging with the competent authorities.

Contact with the outside world

During its monitoring visits, the NPM has repeatedly pointed out the lack of facilities for overnight visits and the unequal position of women detainees as compared to men who have the possibility of such visits in prison. On several occasions, authorities justified the lack of such visits with the lack of resources to provide for adequate space within the women’s prison. 

Thanks to the NPM’s continuous engagement and recommendations on this issue, the women’s prison finally managed to provide rooms for overnight visits and such visits started to be allowed from July 2021.

Accommodation and food

During the visit to ZPKZ Ig in 2017, the NPM noted that correctional officers never knocked before entering the cell of a woman prisoner. The NPM therefore recommended to the prison administration that correctional officers should be warned that before every entry into the cell of prisoners, it is absolutely necessary to knock and wait a little before entering. In its response, the authorities explained that correctional officers were warned about the method of entering the living quarters of prisoners, except when there are legitimate security reasons for not doing so, for instance in case of detection of the use of prohibited objects or substances.

Women in special situations of vulnerability

Women with disabilities

Despite the Ombudsman’s recurring recommendation to ensure that all persons deprived of liberty who have impairments, due to illness, age or disability, are granted suitable accommodation in adapted premises and daily care and assistance, detainees with impairments still face barriers in prison. 

Findings from NPM’s visits to the women’s prison revealed the situation of a woman who, due to medical problems, was unable to walk up the stairs and could not join the outdoor activities every day, as she fully relied on the help of trained prison staff who helped her up the stairs with so-called portable stair climbers intended for the transport of people together with wheelchairs.

With the aim of preventing similar situations from occurring again, the women’s prison decided to arrange a room on the ground floor that will be used to accommodate women who, due to disabilities or mobility impairments, are unable to climb stairs. A room with capacity for two people will also have a toilet and a shower, and the equipment will be adapted for the stay of people with reduced mobility, even if they use a wheelchair.

Other relevant NPM information 
on women in prison